Weekly Daf #67

Sanhedrin 37-43 - Issue #67
17 - 23 Iyar 5755 / 17 - 23 May 1995

What's Wrong With Circumstantial Evidence?

said Rabbi Shimon ben Shetach to the man holding
a sword from which blood dripped while on the floor of the deserted
house another man gasped his final breath. "Only one of
us could possibly be the murderer. But I have no authority to
convict you (even though there was a second witness to this scene)
since the Torah insists on witnesses seeing the actual crime as
a basis for inflicting the death penalty. Nevertheless, the Omniscient
One will certainly see that justice is done to one who takes the
life of another."

This scene began when the sage saw the sword wielding
pursuer chasing his intended victim into the house and ended with
a serpent biting the pursuer and bringing about the divine justice
foreseen by Rabbi Shimon.

In his Sefer Hamitzvos, Maimonides explains that
the Torah rules out circumstantial evidence as a basis for conviction
in capital crimes because it is too subjective and if one man
can be put to death because of powerful evidence another may be
executed on the basis of inconclusive evidence. The Torah therefore
drew a sharp line by insisting on the objective standard of two
witnesses testifying to what they actually saw. Even if such
a standard may sometimes allow a guilty man to go free it is preferable
to taking the life of an innocent one.

Sanhedrin 37b

Environmental Boomerang

Here is how Hashem explains why he chose Ovadia to
prophesize regarding the nation of Edom which was descended from
Eisav:

"Let Ovadia, who lived in the company
of two sinners - King Achav and Izevel - and was not corrupted
by their evil come and prophesize regarding the wicked Eisav who
lived in the company of two righteous people - Yitzchak and Rivkah
- and did not learn from their good deeds."

In his "Michtav Me'Eliyahu", Rav A.E. Dessler
zt"l cites this as a classic example of how environment
can sometimes have a boomerang effect. If one is strong in his
righteousness as was Ovadia the exposure to evil people will only
increase his contempt for evil, while if one is as corrupt as
Eisav his contempt for virtue will only increase from his exposure
to virtuous people.